2. Usage by Subscription
All usage of the Platform is by subscription. Subscriptions are yearly in length. All paid subscriptions are good until cancelled. In the event of a cancellation, the subscription will terminate at the end of the current payment period. No refunds for an unused subscription period will be made. Cancellations may be made on the Users account management page.
When using the MovieComm Platform you must ensure that the following rules all apply and are adhered to, without limiting any other applicable terms or conditions:
(a) Each video must have a beginning (with a MovieComm approved theme, such as leadership, voice over, text, etc. setting up such theme), a middle (a movie clip of no more than 3 minutes in the aggregate) and an end (questions, follow up, takeaways, etc.).
(b) movie clips can only appear in the middle segment and cannot exceed 3 minutes in length individually or in the aggregate;
(c) movie clips cannot be altered, changed or modified in any way.
(d) you cannot use the movie clips, the services and/or the editing process to create an implied or direct endorsement (e.g. making it look as if the actor(s) in the clip are selling, pitching, or endorsing your product(s) of any business, product, candidate or belief.
(e) use of the MovieComm Platform and any product generated from the same are limited to business or educational purposes.
(f) in no event shall product of the Platform be used:
-related to external advertising
-to constitute an endorsement by or commercial tie-in
-related to the use of alcohol, tobacco, firearms, adult content, prostitution, intimate personal hygiene, illegal drugs, non-MovieComm content providing film studios and their films/products, illegal conduct, illegal file-sharing applications, or software or devices that facilitate DRM-removal.
(g) By signing up for the MovieComm Platform you are agreeing to let MovieComm send you communications regarding your service and allowing MovieComm to recommend or market other MovieComm products and services. Should you wish to not receive these emails please email MovieComm at firstname.lastname@example.org and we will remove you from the list.
4. Modification of Terms
MovieComm reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the MovieComm Platform after the posting of changes constitutes your binding acceptance of such changes.
5. No right to embed the MovieComm player in personal site
You are not granted any right to copy, embed, transfer, transition or manipulate the MovieComm Player and any content found on the MovieComm Platform onto another website or media.
6. User postings license grant; representations and warranties
(a) MovieComm may now or in the future permit the posting by You and other Users of notes, written works, images and videos or other communications (collectively, "User Postings") and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, MovieComm does not guarantee any confidentiality with respect to any submissions.
(b) By submitting or distributing User Postings on or through the MovieComm Site, You hereby grant to MovieComm a worldwide, non-exclusive, transferable, assignable, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
7. Digital millennium copyright act
MovieComm will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. MovieComm will promptly terminate, without notice, your access to the MovieComm Platform if You are determined by MovieComm to be a "repeat infringer."
8. Prohibited conduct
By entering into a subscription to use the MovieComm Platform you agree not to:
(a) use the MovieComm Site for any purposes other than to view content on the MovieComm Site, share content from the MovieComm Site using methods approved by MovieComm, and/or access the MovieComm Site for any services and/or activities offered on the MovieComm Site;
(b) in any way rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the material found on the MovieComm Platform beyond the terms of your subscription.
(c) post anything on the MovieComm Platform that is unlawful, that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that disparages any film clip on the MovieComm Platform, or any person appearing in or talent associated with any film clip on the MovieComm Platform, or has a political or religious purpose/usage as determined in MovieComm’s sole discretion;
(d) post any MovieComm content on any third party site or service that is unlawful, that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that disparages any film clip on the MovieComm Platform, or any person appearing in or talent associated with any film clip on the MovieComm Platform, or has a political or religious purpose/usage as determined in MovieComm's sole discretion,
(e) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the MovieComm Platform accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the MovieComm Platform, or perform any other similar fraudulent activity;
(f) delete the copyright notices or other proprietary rights on the MovieComm Platform or User Postings;
(g) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the MovieComm Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(h) use the MovieComm Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
(i) defame, harass, abuse, threaten or defraud Users of the MovieComm Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
(j) use the MovieComm Platform for any non-permitted commercial use.
(k) use the MovieComm Site if You are under the age of 13 years old, or access portions of the MovieComm Platform which are for Users over 17 years old if you are under the age of 17;
(l) remove, circumvent, disable, damage or otherwise interfere with security-related features of the MovieComm Platform, features that prevent or restrict use or copying of any content accessible through the MovieComm Platform or User Postings, or features that enforce limitations on the use of the MovieComm Platform or User Postings;
(m) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the MovieComm Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(n) modify, adapt, translate or create derivative works based upon the MovieComm Platform or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
(o) intentionally interfere with or damage operation of the MovieComm Platform or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
If you create an account with MovieComm, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to MovieComm on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify MovieComm . You may be liable for the losses incurred by MovieComm or others due to any unauthorized use of your MovieComm account.
10. Third-party sites, products and services; links
The MovieComm Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). MovieComm does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MovieComm Site are solely between You and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
11. Terms of Service violations.
(a) You agree that MovieComm, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with MovieComm or your use of the MovieComm Platform and remove and discard all or any part of your account, and any User Postings, at any time. MovieComm may also in its sole discretion and at any time discontinue providing access to the MovieComm Platform, or any part thereof, with or without notice. You agree that any termination of your access to the MovieComm Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that MovieComm will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MovieComm may have at law or in equity. As discussed herein, MovieComm does not permit copyright infringing activities on the MovieComm Platform, and will terminate access to the MovieComm Platform, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.
12. Ownership; proprietary rights
The MovieComm Platform is owned and operated by MovieComm, LLC. The film clips, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the MovieComm Platform are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the MovieComm Platform are the property of MovieComm or third-party licensors. All trademarks, service marks, and trade names are proprietary to MovieComm or third-party licensors. User’s use of the Materials shall not in any way confer or imply a grant of right, title or interest to the Materials, or any other rights (including without limitation, intellectual property rights or the goodwill associated therewith), the ownership of which shall remain solely and exclusively with MovieComm or third-party licensors.
You agree to indemnify, save, and hold MovieComm, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the MovieComm Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. MovieComm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify MovieComm, and You agree to cooperate with MovieComm ' defense of these claims. MovieComm will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; no warranties
(a) To the fullest extent permissible pursuant to applicable law, MovieComm, and its affiliates, partners, licensors and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from MovieComm or through the MovieComm Platform will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section 13 the term MovieComm includes MovieComm’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
(b) You expressly agree that use of the MovieComm Platform is at your sole risk. The MovieComm Platform and any data, information, third-party software, user postings, reference sites, services, or applications made available in conjunction with or through the MovieComm site are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind either express or implied.
(c) MovieComm, its suppliers, licensors, affiliates, and partners do not warrant that the data, user postings, functions, or any other information offered on or through the MovieComm Platform or any reference sites will be uninterrupted, or free of errors, viruses, or other harmful components and do not warrant that any of the foregoing will be corrected.
(d) MovieComm, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the MovieComm Platform or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
(e) You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the MovieComm Platform or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data
15. Limitation of liability and damages
(a) Under no circumstances, including, but not limited to, negligence, will MovieComm or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use of or your inability to use the MovieComm Platform or any reference sites, or any other interactions with MovieComm, even if MovieComm or a MovieComm authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, MovieComm’s liability will be limited to the fullest extent permitted by applicable law.
(b) In no event will MovieComm or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the MovieComm Platform or your interaction with other MovieComm site users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the MovieComm Platform during the twelve months immediately preceding the date of the claim or one hundred dollars, whichever is greater.
(c) These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than MovieComm and received through or advertised on the MovieComm Platform or received through any reference sites.
(d) You acknowledge and agree that MovieComm has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and MovieComm , and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and MovieComm. MovieComm would not be able to provide the MovieComm Platform to you on an economically reasonable basis without these limitations.
(b) The failure of MovieComm to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MovieComm.
(c) These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law.
(e) You agree that any action at law or in equity arising out of or relating to these Terms or MovieComm will be filed only in the state or federal courts in and for Virginia, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action except as provided regarding arbitration. (f) All claims you bring against MovieComm must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
(g) If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
(h)These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by MovieComm without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
(i) Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
(k) You agree that any cause of action arising out of or related to the MovieComm site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.